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MEYERS v. GILLIS

No. 95-1850.

93 F.3d 1147 (1996)

Philip MEYERS v. Frank D. GILLIS, Superintendent, et al.; the Attorney General of the State of Pennsylvania; the District Attorney of Bucks County, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 23, 1996.

Attorney(s) appearing for the Case

Troy E. Leitzel (argued), Office of the District Attorney, Doylestown, Pennsylvania, for Appellants.

Thomas A. Bello (argued), Philadelphia, Pennsylvania, for Appellee.

Before ALITO, McKEE, and GARTH, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

This is an appeal from an order of the district court granting Philip Meyers habeas corpus relief pursuant to 28 U.S.C. § 2254. Without determining whether the "presumption of correctness" found in 28 U.S.C. § 2254(d)(8) had been overcome, the district court concluded, contrary to the state court's finding, that there was no factual basis developed prior to the...

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